20
Apr
(Beyond Pesticides, April 20, 2018) There is an extraordinary attack on local community rights to protect people and the environment from pesticides in the Republican Farm Bill, passed by the Agriculture Committee in the U.S. House of Representatives on April 18 on a straight party line vote. The language inserted in the Farm Bill amends the federal pesticide law with a provision that prohibits local governments from restricting pesticide use on private property within their jurisdictions. Local laws in two states, Maine and Maryland, will be overturned with final passage of this law in the U.S. House and Senate. In those 43 states that forbid local pesticide laws by state law, future reconsideration of this prohibition, pushed by the chemical and pest management industry, will be foreclosed. Local laws protecting the environment and public health have historically emerged out of local governments, with laws related to recycling, smoking, pet waste, building codes, and zoning. The fight to defend the authority of local governments to protect people and the environment has been ongoing for decades, reaching the U.S. Supreme Court in 1991. The Court specifically upheld the authority of local governments to restrict pesticides throughout their jurisdictions under federal pesticide law. […]
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05
Apr
(Beyond Pesticides, April 5, 2018) An industry-backed attempt to enact pesticide preemption in the state of Maine is officially over after bill LD 1853 was voted down by a 9-2 margin earlier this week. The bill, introduced by state Senator Tom Saviello (R-Wilton), resembled a similar bill that failed in the same legislative committee last spring. With an ever increasing number of communities in Maine stepping up to protect their residents and unique local environment from pesticide contamination, the repeated introduction of preemption legislation means that health advocates and forward-thinking communities must continue to remain vigilant, and ready to fight to maintain their right to home rule. LD 1853 would have taken away the rights of Maine municipalities to enact policies which wholly apply to private property. “I thought if there was a bill that would come back before us again it would be different,†said state Representative Richard Pickett (R-Dixfield) to the Portland Press Herald. “But we virtually had almost a duplicate bill and that troubled me.†While last year’s failed legislation was modeled almost word for word from the notorious industry lobby group the American Legislative Exchange Council (ALEC), the changes in the new bill were superficial, and […]
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25
Oct
(Beyond Pesticides, October 25, 2017) Oregon is the most recent site of an effort by a locality to establish more-protective pesticide regulations than are provided by the state. Voters in Lincoln County, on the north-central Oregon Coast, approved a ballot measure earlier this year that established a ban on aerial spraying of pesticides in the county. Immediately, county landowners Rex Capri and Wakefield Farms, LLC, both of whom use aerial spraying on their properties, filed a legal challenge to the ordinance created through that vote. The issue is whether the state of Oregon has the legal authority to stop its local political subdivisions from adopting more rigorous than those enacted by the state. When the state of Maine considered legislation to preempt its local jurisdictions (take away their authority to act) this summer, Beyond Pesticides wrote, “The democratic process is foundational to the culture of Maine and the country. LD 1505 betrays the democratic process. Maine communities want to be able to adopt standards that exceed or are more stringent than state standards as a matter of public health and environmental protection, or quality of life. Why would a town or city want to do use its local authority to adopt […]
Posted in Agriculture, Oregon, Preemption, Uncategorized | No Comments »
04
Aug
(Beyond Pesticides, August 3, 2017) A Circuit Court for the state of Maryland  on Thursday struck down key components of the landmark Healthy Lawns Act pesticide ordinance passed in Montgomery County, Maryland in 2015. The court’s decision, issued by Judge Terrence McGann, eliminates pesticide use restrictions on private property, but does not touch provisions limiting toxic pesticides used on public, county owned land. Grassroots advocates who supported passage of the Healthy Lawns Act to protect children, families and the environment are dismayed by the court’s ruling, but nevertheless vow to keep up the fight for protections from hazardous pesticides used in their community. “The court should have recognized that, in restricting lawn pesticides throughout its jurisdiction, Montgomery County is exercising a local democratic principle under Maryland and federal law to ensure the safety of the community, including children, pets, and the environment, from a known hazard not adequately regulated by the U.S. Environmental Protection Agency or the state,†said Jay Feldman, executive director of Beyond Pesticides. “After extensive hearings and study, the county council understands that toxic chemicals are dangerous and not needed to have beautiful lawns and landscapes,†Mr. Feldman said. By passing the Healthy Lawns Act, the Montgomery […]
Posted in Lawns/Landscapes, Litigation, Maryland, Preemption, Uncategorized | No Comments »
22
May
(Beyond Pesticides, May 22, 2017) Last week, the Maine Legislature’s Committee on State and Local Government unanimously voted to reject a bill that would have prohibited the right of municipal governments to restrict pesticide use on private property. This victory protects the 27 cities and towns across Maine which are exercising their right to adopt pesticide restrictions that incentivize land management practices supporting healthy environments and allows other communities to follow suit. Opponents of the Governor’s bill successfully argued that its weakening of local control could violate the Maine Constitution. Proponents of the bill included industry trade groups, lawn care companies, and golf courses, who argued that the legislation was necessary to address the growing “patchwork†of local regulations. There is no evidence of this, and on the contrary, there has been a long history of local communities adopting ordinances to respond to matters of public health and welfare. According to the Portland Press Herald, the bill, LD 1505, was a “late introduction on behalf of [Governor] Paul LePage and reportedly mirrored model legislation promoted by the American Legislative Exchange Council, a conservative policy group that works with state lawmakers.†This group and others aim to suppress or preempt local […]
Posted in Maine, Pesticide Regulation, Preemption, State/Local, Take Action | No Comments »
24
Feb
(Beyond Pesticides, February 24, 2017) Over the last two weeks, both Oak Park and Evanston, IL have taken steps to repeal preemption of local authority to restrict community-wide pesticide use in the state of Illinois. The Village of Oak Park has approved a Resolution in Support of the Repeal of the State Pesticide Preemption, and the City of Evanston has approved a Resolution Urging the State of Illinois to Repeal Preemption of Local Regulation of Pesticides. Both of these actions urge the state of Illinois to repeal the preemption of local government regulation of pesticides and re-establish the right of local home rule governments to adopt pesticide restrictions on public and private land within their jurisdiction, as they deem appropriate. The push to pass these resolutions grew out of hard work from passionate residents and activists. For the Village of Oak Park, a local advocacy group, Go Green Oak Park, reached out to Beyond Pesticides (see PAY Mail section) for assistance in talking to itslocal board about these issues. Peggy Mcgrath, a member of Go Green Oak Park, said about the issue: “Big corporations are calling more and more of the shots. To protect our government ‘ Of The People,’ […]
Posted in Illinois, Lawns/Landscapes, Preemption, State/Local, Take Action | No Comments »
